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在劳动权的各种法律保障机制中,司法保障是非常重要的部分.诉讼程序的保障是劳动争议能够得到公正解决的基石,而在诸多法律救济措施中,司法救济是最重要的。然而,因为劳动权具有以社会公共利益为本位、给予社会弱者“倾斜保护”的特点,仅仅依靠传统的私益诉讼往往难以达到目的。于是,许多国家和地区在过去的几十年中已经建立了新型的劳动权保障的公益诉讼制度,并且取得了很好的法律与社会效果,公益诉讼在现代俨然已经成为了劳动权保障的有效途径.
Judicial security is a very important part in all kinds of legal protection mechanisms of labor rights.The protection of legal proceedings is the cornerstone of a labor dispute that can be solved fairly, and among many legal remedies, judicial relief is the most important. However, because the right to work has the characteristics of taking the social public interests as the foundation and giving the weak to the society “tilt protection ”, relying solely on the traditional private interest litigation is often difficult to achieve its goals. As a result, many countries and regions have established a new type of public interest litigation system with labor rights protection over the past few decades and have achieved good legal and social effects. Public interest litigation has become an effective safeguard for labor rights in the modern age way.